§ 10-86. Issuance of license limited to designated areas.

(a)

Manufacturer's license. No manufacturer's license shall be issued to a manufacturer engaged in distilling or blending alcoholic beverages except where that business is to be located in the area of the city zoned for industrial uses; provided, however, that a location which operates as a "microbrewery" or as a "microdistillery" as defined in City Code section 10-1 may be located in an area of the city zoned for commercial or mixed uses. This provision shall not apply to those locations, which operate as "brewpubs" as defined in City Code section 10-1, "Farm Wineries" as defined by state law, "Distillers" as defined by state law, and "Brewers" as defined by state law where such Distillers and Brewers are located on the same tract or parcel as a Courtyard Market as defined in City Code section 10-1, as long as such locations are in compliance with all requirements set forth in the City of Atlanta Zoning Code regarding eating and drinking establishments and any other applicable provisions of the City Code.

(b)

Wholesaler's license. No license shall be issued to a wholesaler of alcoholic beverages except where the wholesale business is to be located in the area of the city which is zoned for business purposes.

(c)

Packaged malt or vinous liquors. No license to engage in the retail sale of malt or vinous liquors in package form shall be issued to any person for the operation of that business except on premises upon which the retail sale of such beverages is permitted under the provisions of sections 10-88 and 10-88.1 of the 1982 City of Atlanta Zoning Ordinance as amended.

(d)

On premises consumption. No license for the sale of alcoholic beverages by the drink shall be issued unless the location has been zoned commercial, industrial, or residential apartment as long as such location is in compliance with the City of Atlanta Zoning Code, or the location is in use as a business under a special use permit, provided that:

(1)

This subsection shall not apply to private clubs.

(2)

Licenses for the sale of malt beverages or wine by the drink may be issued to restaurants within 100 yards of a public park which is within a National Register historic district, if such restaurants are located in areas which have been rezoned from commercial uses within the 24 months immediately preceding application.

(3)

Subject to approval of the license review board, nonprofit charitable organizations may sell alcoholic beverages at locations zoned residential during fundraising events that do not exceed three consecutive days in length.

(e)

Packaged spirituous liquors. No license to engage in the retail sale of spirituous liquors in package form shall be issued to any person for the operation of that business except on premises upon which the retail sale of such beverages is permitted under the provisions of sections 10-88 and 10-88.1 of the 1982 City of Atlanta Zoning Ordinance as amended.

(f)

Exemption. Those licensed locations, for sale of packaged malt or vinous liquors or sale of alcohol for on-premises consumption existing on the date of passage of the ordinance from which this subsection derives that are respectively identified in subsections (c) and (d) of this section shall, on the date of the passage of such ordinance, be exempted from compliance therewith; provided, however, that such exemptions shall not be construed to apply to adult entertainment establishments as defined by part 16.

(Code 1977, § 14-2035; Ord. No. 1995-43, §§ 2, 3, 8-28-95; Ord. No. 1998-75, § 1, 10-27-98; Ord. No. 1999-6, §§ 2, 3, 1-27-99; Ord. No. 2014-17(14-O-1232), § 12, 5-28-14 ; Ord. No. 2015-18(15-O-1158), § 2, 5-13-15 ; Ord. No. 2017-25(17-O-1194), § 4, 5-15-17 ; Ord. No. 2017-87(17-O-1787), § 2, 12-13-17 ; Ord. No. 2018-28(18-O-1394), § 2, 7-11-18 )